Terms of Service

These Terms of Service ("Terms") govern your access to and use of FileCourier (the "Service"), operated by WAM DevTech, Inc. ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

Please read these Terms carefully before using the Service. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

FileCourier is a document collection platform that enables businesses to request and receive files from external parties through a secure, API-driven workflow. The Service includes:

• API access for creating document requests
• Email and SMS notifications to recipients
• Secure, branded upload portal for recipients
• Webhook delivery of uploaded files
• Administrative dashboard for managing requests

3. Account Registration

To use the Service, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or abusive behavior.

4. Subscription and Payment

4.1 Fees

Access to the Service requires a paid subscription. Current pricing is available on our website. All fees are quoted in U.S. dollars and are non-refundable except as expressly provided in these Terms.

4.2 Billing

Subscriptions are billed in advance on a monthly basis. By providing a payment method, you authorize us to charge the applicable fees to your payment method. Payment processing is handled by Stripe, and you agree to Stripe's terms of service.

4.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation, your subscription will remain active until the end of the current billing period, after which your access to paid features will be terminated.

4.4 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increase, and the new pricing will take effect at the start of your next billing cycle.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit malware, viruses, or other harmful code
• Send unsolicited communications (spam)
• Harass, abuse, or harm another person
• Collect or store personal information about others without their consent
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for any illegal or unauthorized purpose

6. Fair Use Policy

While we offer unlimited requests under our subscription plan, the Service is intended for normal business use. Accounts with excessive usage patterns that significantly exceed typical usage (e.g., sustained volume exceeding 1,000 requests per month or patterns indicating automated abuse) may be contacted to discuss enterprise pricing or may be subject to usage limitations.

7. Your Content

7.1 Ownership

You retain ownership of all content you submit through the Service, including files uploaded by your recipients. We do not claim ownership of your content.

7.2 License

By using the Service, you grant us a limited license to store, process, and transmit your content solely for the purpose of providing the Service. This license terminates when your content is deleted from our systems.

7.3 Responsibility

You are solely responsible for the content transmitted through the Service and for ensuring that you have the necessary rights and permissions to collect documents from recipients. You represent that your use of the Service complies with all applicable laws, including privacy and data protection laws.

8. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

9. Intellectual Property

The Service, including its design, features, and content (excluding your content), is owned by WAM DevTech, Inc. and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

10. Third-Party Services

The Service may integrate with or contain links to third-party services. We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is subject to their respective terms and policies.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU USE THE SERVICE AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAM DEVTECH, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless WAM DevTech, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you transmit through the Service

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after any changes constitutes your acceptance of the modified Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Virginia.

17. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiations. If the dispute cannot be resolved through negotiations within 30 days, either party may pursue legal remedies in accordance with Section 16.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and WAM DevTech, Inc. regarding your use of the Service and supersede all prior agreements and understandings.

20. Contact Information

If you have questions about these Terms, please contact us at:

WAM DevTech, Inc.
Email: [email protected]
Website: www.wamdevtech.com